[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Proposed Rules]
[Pages 66939-66941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28648]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-00-234]
RIN 2115-AE47


Drawbridge Operation Regulations; Fort Point Channel, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations for the Northern Avenue Bridge, mile 0.1, across the Fort 
Point Channel at Boston, Massachusetts. This proposed rule would revise 
the drawbridge operating regulations to provide bridge openings during 
times the bridge previously did not open and also place the bridge on 
an advance notice basis during times when there have been few requests 
to open the bridge. This action is expected to better meet the present 
needs of navigation.

DATES: Comments must reach the Coast Guard on or before January 8, 
2001.

ADDRESSES: You may mail comments to Commander (obr), First Coast Guard 
District, Bridge Branch, at 408 Atlantic Avenue, Boston, MA. 02110-
3350, or deliver them to the same address between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(617) 223-8364. The First Coast Guard District, Bridge Branch, 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at the First 
Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through 
Friday, except, Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. John McDonald, Project Officer, 
First Coast Guard District, (617) 223-8364.

SUPPLEMENTARY INFORMATION:

Request for comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-00-
234), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches,

[[Page 66940]]

suitable for copying. If you would like to know if they reached us, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period. 
We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Northern Avenue Bridge, mile 0.1, across the Fort Point Channel 
has a vertical clearance of 7 feet at mean high water and 17 feet at 
mean low water in the closed position. The existing operating 
regulations in 33 CFR 117.599 require the bridge to open on signal from 
6 a.m. to 8 p.m. From 8 p.m. to 6 a.m., the bridge need not open for 
the passage of vessels.
    The Coast Guard received a request to change the operating 
regulations from a commercial tour boat operator and the mariners 
located at a marina upstream from the Northern Avenue Bridge. The 
mariners requested that the bridge be crewed and available to open for 
vessel traffic after 8 p.m. during the boating season. The bridge 
presently does not open from 8 p.m. to 6 a.m., daily.
    The Coast Guard published a notice of temporary deviation and 
request for comments on April 27, 2000, in order to test an expanded 
operating schedule for the bridge and to provide immediate relief for 
the mariners during the summer of 2000. The deviation required the 
bridge to open on signal from 6 a.m. to 8 p.m. and from 8 p.m. to 6 
a.m. to open on signal if at least a two-hour advance notice was 
provided by calling the number posted at the bridge. The Coast Guard 
received four letters in favor of expanding the operating hours for the 
bridge.
    After the comment period for the deviation concluded on September 
30, 2000, the Coast Guard had discussions regarding the expansion of 
the operating hours for the bridge with officials from the City of 
Boston, the owner of the bridge. As a result of these discussions, the 
bridge owner agreed to crew the bridge additional hours as well as 
provide openings on an advance notice basis during times when the 
bridge is not crewed. The following scheduled was established:

    From May 1 through October 31, the draw shall open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.

    The Coast Guard believes this is a reasonable operating schedule 
because the mariners will now be able to get bridge openings during the 
times the bridge is crewed or upon the required advance notice, and the 
bridge owner will not be required to crew the bridge during periods 
when there have been few requests to open the bridge.

Discussion of Proposal

    The existing requirement that the bridge need not open for vessel 
traffic from 8 p.m. to 6 a.m., without any advance notice requirement, 
does not meet the reasonable needs of navigation based upon recent 
requests from mariners to expand the operating hours of the bridge. 
Mariners should be able to obtain bridge openings anytime one is 
necessary with the exception of cases where a demonstrated offsetting 
benefit is derived.
    A typical example of an offsetting benefit would be closing a 
bridge to vessel traffic during the vehicular traffic rush hour time 
period and allowing vehicular traffic to pass unimpeded in an effort to 
balance the needs of both modes of transportation. Conversely, bridge 
owners should not be required to crew bridges during time periods when 
there have been few or no requests to open a bridge.
    The Coast Guard believes that crewing the bridge an additional 
three hours at night during the boating season and the addition of an 
advance notice concept for all the periods the bridge is not crewed is 
reasonable and satisfies both the needs of navigation and the needs of 
the bridge owner.
    The Coast Guard; therefore, proposes to revise the operating 
regulations listed at 33 CFR 117.599 for the Northern Avenue Bridge 
across the Fort Point Channel to require the Northern Avenue Bridge, 
mile 0.1, at Boston, to operate as follows:
    (a) From May 1 through October 31, the draw would open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw would open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (b) From November 1 through April 30, the draw would open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw would open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.
    It is expected that this rule will better meet the present needs of 
navigation.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under 6(a)(3) of that Order. 
The Office of Management and Budget has not reviewed it under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040, Feb. 
26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under paragraph 10e of the 
regulatory policies and procedures of DOT, is unnecessary. This 
conclusion is based on the fact that the bridge will be crewed at times 
to meet the needs of navigation and will be on an advance notice basis 
during the times when there have been few requests to open the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under section 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This conclusion is based upon the 
fact that the bridge will better meet the present needs of navigation 
and will not be crewed unnecessarily during times when there have been 
few requests to open the bridge.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it

[[Page 66941]]

qualifies and how and to what degree this rule would economically 
affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority:  33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.

    2. Section 117.599 is revised to read as follows:


Sec. 117.599  Fort Point Channel.

    The draw of the Northern Avenue Bridge, mile 0.1, at Boston, shall 
operate as follows:
    (a) From May 1 through October 31, the draw shall open on signal 
from 7 a.m. to 11 p.m. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least a two-hour advance notice is given by calling the 
number posted at the bridge.
    (b) From November 1 through April 30, the draw shall open on signal 
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m. the draw shall open on 
signal if at least a twenty-four hours advance notice is given by 
calling the number posted at the bridge.

    Dated: October 23, 2000.
Gerald M. Davis,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 00-28648 Filed 11-7-00; 8:45 am]
BILLING CODE 4910-15-P